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] 


1 

2 

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1 

2 

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5 

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■pap 


n.^S 


25th  CoNonESs, 
2d  Session. 


/  s 


[  SENATE.] 
x^  [ESS  AGE 


1451] 

it 


PROM   THE 


PRESIDENT  OF  THE  UNITED  STATES, 


TRANSMITTING 


A  cotjimunlcaiion  from  the  Governor  of  Maine  in  relation  to  the  north- 
eastern boundari/,  and  the  claims  of  Eheneztr  IS.  Grceli/,  John  Baker, 
and  others. 


May  23,  1838. 

Read,  and  ordered  to  be  printed. 


To  the  Senate  of  the  United  States  : 

I  herewith  transmit  to  the  Senate  the  copy  of  a  letter  addressed  to  me  on 
the  28th  ultimo  by  the  Governor  of  Maine,  enclosing  several  resolves  of 
the  Legislature  of  that  State,  and  claiming'  reimbursement,  from  the  Gene- 
ral Government,  of  certain  moneys  paid  to  Ebenezer  S.  Greely,  John 
Baker,  and  others,  in  compensation  for  losses  and  sufferings  experienced  by 
them,  respectively,  under  circumstances  more  fully  explained  in  his  excel- 
lency's letter. 

In  the  absence  of  any  authority,  on  the  part  of  the  Executive,  to  satisfy 
these  claims,  they  are  now  submitted  to  Congress  for  consideration  ;  and  1 
deem  it  proper,  at  the  same  time,  with  reference  to  the  observations  con- 
tained in  Governor  Kent's  note,  above  mentioned,  to  communicate  to  the 
Senate  copies  of  other  papers  connected  with  the  subject  of  the  northeastern 
boundary  of  the  United  States,  which,  with  the  documents  already  made 
public,  will  show  the  actual  state  of  the  negotiations  with  Great  Britain  on 
the  general  question. 

M.  VAN  BUREN. 

Washington,  May  19,  1838. 


List  of  accompanying  papers. 

The  Governor  of  Maine  to  the  President  of  the  United  States,  (with 
enclosures,)  dated  April  28,  1838. 

Mr.  f'orsyth  to  Mr.  Fox,  dated  April  27,  1838. 

Mr.  Fox  to  Mr.  Forsyth,  dated  May  1, 1838. 

Mr.  Forsyth  to  Governor  Kent,  dated  May  8,  1838. 
Blair  &  Rives,  printers. 


'\'^ 


vl 


tfr-',-  jj^jyjiatil.iMi'ftf'i— 'i^BH 


[451] 


I 


^ 


The  Gover7wr  of  Maine  to  the  President  of  the  United  ^'tales. 

fixFX'UTIVE  DkPAR'I'IMFCNT, 

Augusta,  April  28,  183S. 

Siu:  I  have  the  honor  to  enclose  to  you  a  copy  of  a  resolve  of  the 
Legislature  of  this  State,  in  favor  of  Ehenezcr  S.  Grecly,  also  a  copy  of  a 
resolve  in  favor  of  John  Haker  and  others;  and  in  compliance  with  tlie 
request  of  the  Legislature,  I  ask  of  the  Government  of  the  United  States  a 
remihursement  of  the  several  sums  allowed  thereby,  which  several  sums 
have  been  paid  by  this  State,  to  the  individuals  named  in  the  resolves. 

The  justice  and  propriety  of  granting  this  request,  ]  can  have  no  doubt, 
will  bo  apparent  to  you  and  to  Congress,  when  the  circumstances  under 
which  the  allowances  were  made  are  called  to  mind, 

Mr.  Greely,  acting  as  agent  under  a  law  of  this  State,  authorizing  and 
directing  a  census  to  be  taken  in  unincorporated  places,  was  forcibly  seized 
and  imprisoned  for  several  months,  and  tiiv^n  without  trial  released. 

John  Baker  and  his  associates,  named  in  the  other  resolve,  suilbred  by 
imprisonment  and  otherwise,  for  acting  under  a  law  of  this  Slate,  incorpo- 
rating the  town  of  Madawaska,  in  1831.  The  State  of  Maine  has  acknow- 
ledged, by  these  and  other  resolves,  its  sense  of  obligation  to  remunerate, 
in  the  first  instance,  these  sutlerers  in  its  cause,  and  to  satisly,  as  far  a.s  it  is 
able,  their  claims  upon  its  justice.  Hut  the  wrongs  by  which  .hey  suffered 
were  committed  by  a  foreign  power,  with  whom  we  are  now  at  peace.  The 
State  of  Maine  has  no  power  to  make  war,  or  authorize  reprisals.  She  can 
only  look  to  the  General  Government  to  assume  the  payment,  as  an  act  of 
justice  to  a  member  of  the  Union,  under  the  provisions  of  the  constitution, 
and  to  demand  redress  and  remuneration  from  the  authors  of  the  wrong,  in 
the  name  of  the  United  States. 

A  minute  recapitulation  of  the  facts  upon  which  these  resolves  are 
founded,  is  deemed  entirely  unnecessary  and  superfluous,  as  they  have 
heretofore  been  communicated,  and  are  well  known  to  the  Executive  and  to 
Congress. 

Maine  has  suffered  too  many  repetitions  of  similar  attempts  to  prevent 
her  from  enjoying  her  rightful  possessions,  and  enforcing  her  just  claims, 
to  feel  indifferent  on  the  subject ;  and  we  look  v/ith  confidence  to  the  Gen- 
eral Government  for  protection  and  support.  The  amount  of  money, 
although  considerable,  is  of  comparatively  small  importance  when  contrasted 
with  the  principles  involved,  and  the  effect  whicli  must  result  from  an  im- 
mediate and  ready  assumption  of  the  liability  on  the  part  of  the  United 
States. 

Such  an  act  would  be  highly  gratifying  to  the  people  of  this  State,  as 
evidence  that  their  just  claims  and  rights  are  fully  recognised  by  the  United 
States,  and  that  the  strong  arm  of  the  Union  will  be  stretched  out  for  their 
protection  in  every  lawful  effort  to  maintain  and  enforce  their  claims,  which 
they  know  and  feel  to  be  just  and  unimpeachable,  and  which  they  are  de- 
termined to  maintain. 

I  trust  I  shall  be  pardoned  for  c.rnestly  urging  immediate  action  on  the 
subject. 

I  had  the  honor  to  enclose  to  you,  under  date  of  tlie  28tli  of  March 
lost,  a  copy  of  my  message  to  the  Legislature,  and  of  the  resolves  of  the 
Legislature  of  Maine,  in  relation  to  the  northeastern  boundary,  which  I 


[451] 


lies. 


183S. 

re  of  the 
:opy  of  a 
with  the 
States  a 
al  sums 
ves. 

10  doubt, 
js  under 

ziiio^  and 
ly  seized 

iliorod  by 

incorpo- 

acknow- 

nunerate, 

»r  as  it  is 

T  suffered 

ace.  The 

She  can 

an  act  of 

istitution, 

wrong,  in 

olves  arc 
licy  have 
ive  and  to 

o  prevent 
St  claims, 
the  Gcn- 
>f  money, 
contrasted 
>m  an  im- 
e  United 

;  State,  as 
he  United 
L  for  their 
ns,  which 
?y  are  de- 

011  on  the 

)f  March 
res  of  the 
,  which  I 


hpvo  no  doubt  have  received  and  wih  receive  all  the  attention  the  im- 
portance of  the  subjects  therein  discussed  and  acted  on  demands.  You 
will  perceive  that,  in  accordance  with  your  wishes,  I  comnir.nicated  the 
proposition  in  relation  to  a  conventional  line  of  boundary,  with  the  letter 
of  Mr.  l-\)rsyth,  addressed  to  the  Executive  of  Maine.  The  views,  and 
wishes,  and  determination  of  the  fi^xccutive  and  lie£jislature,  and,  I  think 
I  may  safely  add,  of  the  people,  of  Maine,  are  fully  and  distinctly  set 
forth  in  the  documents  referred  to,  communicated  to  you,  Iieretofore,  by 
me.  The  proposition  was  distinct  and  definite,  and  the  answer  is  equally 
so,  and  I  consider  that  it  may  be  regarded  as  the  fixed  determination  of 
JMaine  to  consent  to  no  proposition  on  our  part  to  vary  the  treaty  line,  but 
to  stand  by  that  line,  as  a  definite,  o  practicable,  and  a  fair  one,  until  its 
impracticability  is  demonstrated.  It  is  needless  for  me  to  recapitulate  the 
reasons  upon  which  this  determination  is  founded.  1  refer  you  to  the 
documents  before  alluded  to  for  my  own  views  on  this  topic,  sanctioned 
fully  by  the  liCgislattux-.  Tiie  duty  devolvipg  upon  me,  by  your  request, 
I  have  endeavored  to  discharge,  in  a  spirit  "of  profound  respect  for  the 
constituted  officers  of  the  General  Government,  and  with  a  single  eye  to 
the  interest  and  honor  of  the  United  States  and  of  the  Slate  of  Maine. 
The  attitude  assumed  by  Maine  in  relation  to  the  survey  of  the  line  of  the 
treaty  of  17S3,  has  doubtless  attracted  your  attention.  1  feel  it  due  to  the 
State  to  s;iy  to  you,  frankly  and  unequivocally,  that  this  position  was  taken 
deliberately,  and  with  a  full  consideration  of  all  the  circumstances  of  the 
case.  But  it  was  assumed  in  no  spirit  of  defiance  or  resistance,  and  with 
no  design  to  embarrass  the  action  of  tne  General  Government.  Maine 
feels  no  desire  to  act  alone  or  independently  on  this  question.  She  knows 
and  feels  that  it  is  a  national  question,  and  that  i*  is  the  right  and  duty  oi 
the  General  Government  to  move  forward  in  effecting  the  object  proposed. 

I  feel  fully  warranted  in  saying  tliat  Maine  does  not  intend,  by  this 
expression  ol'  lier  determination  to  run  the  line  in  a  certain  contingency, 
to  waive,  in  the  least  degree,  her  well  founded  claim  upon  the  General 
Government  to  run,  mark,  and  establish  it.  On  the  contrary,  she  will 
most  reluctantly  yield  the  hope  she  now  so  strongly  feels,  that  it  is  the 
intention  of  that  Government  to  relieve  her  fr.im  the  necessity  of  throw- 
ing herself  upon  her  own  resources  to  ar.sert  and  defend  her  most  imques- 
tio;iable  right.  The  wish  of  this  State  is,  that  the  first  act  should  be  to 
run  the  line  of  the  treaty  of  17S3,  to  ascertain  the  facts  in  relation  to  the 
topography  of  the  country,  and  the  exact  spot  where  the  northwest  angle 
of  Nova  Scotia  may  be  found,  according  to  our  construction  of  the  treaty 
language,  and  to  place  suitable  monuments  along  the  whole  line.  Such  a 
survey  would  not  settle  or  determine  any  rights,  but  it  would  express  and 
declare  our  views  and  intentions.  Such  a  survey  is  not  a  warlike  or  offen- 
.sive  movement,  and  cannot  justly  give  offence  to  the  other  party  in  the 
controversy.  It  is  the  unquestionable  right  of  litigants  in  a  court  of  justice 
to  make  explorations  of  land  in  dispute,  and  if  either  party  declines  a  joint 
survey,  it  may  bo  made  e.v  parte.  And  surely  the  United  States  have 
never  so  fur  yielded  tbe  actual  possession  to  Great  Britain,  as  to  preclude 
the  right,  on  our  part,  to  ascertain  for  ourselves  the  absolute  facts,  and  to 
mark  out  the  limits  of  our  claim  and  our  alleged  riirht. 

This  act  Maine  asks,  and  asks  earnestly, 'the  General  Government  to 
perforin  without  delay.  Such  an  assumption  of  the  controversy,  on  the 
part  of  the  United  States,  would  be  to  Maine  an  assurance  that  her  rights 


i  'i 


■\i 


sr.  I 
11^ 


^^^SSI^^Bl 


[451]  4 

were  duly  regarded,  and  would  be  steadily  and  porscveriufjly  inaiiitaincd. 
^Vo  waril  tJie  name  and  the  aiitliorily  of  ilie  United  Slates,  and  there  ran 
1)0  no  doubt,  that  an  act  cniauatinj;  from  that  source  would  be  rec^arc'ed 
by  tho.':o  interested,  on  both  sid(!S,  as  of  more  inii)or(ance  than  any  act  t^f  an 
individual  State.  So  lar,  then,  from  any  indilfcrence  on  the  j)art  of  Maine, 
as  to  the  action  of  the  (Jeneral  Government,  or  any  desire  to  be  driven  to 
a;:sume  the  performance  of  the  duty  alluded  to,  she  looks  with  intense  anx- 
iety and  confident  hope  to  be  relieved  from  tliis  position.  She  bi'lieves  it  is 
alike  due  to  the  honor  of  the  United  Slates  and  the  ri<ihts  of  Maine,  tliat 
the  General  Government  chould  o^o  forward  in  the  work,  and  that  there 
is  l(?ss  to  apprehend,  in  the  result,  from  such  a  course,  than  any  other.  l?ut 
Tllaine  feels  that  the  time  for  decisive  action  h.is  come  ;  that  she  cannot  be 
satisfied  to  have  the  claim  to  absolute  i  nd  exclusive  jurisdiction  of  a  large 
part  of  her  territory  longer  tolerated  and  ac(]uiesced  in.  She  knows  that 
It  rightfully  belongs  to  her  jurisdiction  ;  that  it  is  hers  by  a  clear,  perfect, 
and  honest  title,  as  clear,  as  perfect,  and  rightful,  as  her  title  to  any  portion 
of  the  State ;  and  she  cannot  consent  to  have  this  title  impaired,  or  weak- 
ened, by  bold  encroachments  and  unscrupulous  demands.  She  cannot 
consent  that  a  title,  transmitted  by  the  fathers  of  the  revolution,  shall  be 
destroyed  or  defeated,  by  acquiescence  in  the  adverse  occupation  of  a  fo- 
reign State,  and  that  what  was  once  (airly  yielded  shall  be  reclaimed,  in  ut- 
ter defiance  of  a  solemn  deed  of  cession.  1  am  confident  1  ami;olmist;i'cen 
in  stating,  that  the  Legislature  of  Maine  considered  the  (piestion  as  fairly 
and  plainly  before  the  National  Government,  and  that,  if  the  ])resent  session 
of  Congress  should  close  with  a  denial  or  pest  ponemcnt  of  tt  e  proposed 
survey,  and  no  commission  should  be  created  by  the  Executive,  as  con- 
templated in  the  resolution  referred  to,  we  should  have  a  right,  nnd  lo 
bound  to  regard  such  a  delay  or  refusal,  as  evidence  of  an  indisposition  on 
the  part  of  tlie  General  Government  to  accede  to  our  expressed  views  and 
wislies,  and  a  denial  of  justice,  and  that  Maine,  in  that  event,  owed  it  to 
herself  to  cause  the  survey  to  be  made  under  her  own  authority.  The  du- 
ty of  the  Executive  of  Maine  is  plainly  pointed  out,  and  made  imperative 
and  absolute,  by  the  resolves  of  the  Legislature,  and  1  certiiinly  cannot  hes- 
itate, so  far  as  I  have  the  means  and  power,  to  execute  their  declared  will. 

Tile  people  of  Maine,  sir,  are  not  desirous  of  conflict  or  war.  Both  in 
their  habits  and  their  principles,  they  love  and  wish  for  peace  and  quiet 
within  their  borders.  They  are  not  ambitious  to  win  laurels,  or  to  acquire 
military  glory,  by  waging  war  with  their  neighbors;  and  least  of  all  are 
they  desirous  of  a  border  warfare,  which  may  be  the  means  of  sacrificing 
human  life  and  engendering  ill  will  and  bad  passions,  without  bringing 
the  controversy  to  a  conclusion.  They  are  scattered  over  our  thousand 
hills,  engaged  in  their  quiet  and  peaceful  labors,  and  it  is  the  first  wish  of 
their  hearts  to  live  peaceably  with  all  men  and  all  nations.  They  have 
no  anxiety  to  extend  our  limits  or  to  gain  territory  by  conquest ;  but  there 
is  a  firm  and  determined  spirit  in  this  people  which  cantiot  brook  insult 
and  will  not  submit  to  intentional  injury.  <=They  know  their  rights,  and 
knowing  dare  maintain  them,"  with  calm  determination  and  deliberate 
purpose;  and  they  appeal,  with  unshrinking  confidence,  to  their  sister 
States,  and  to  the  Government  which  binds  thera  together,  for  eflective 
support  in  this  their  purpose. 

The  crisis,  as  we  believe,  demands  firm  and  decided  language,  and  the 
ex])res.sion  of  a  determined  design.     Maine  has  never  refused  to  acquiesce 


5  L451] 

in  nny  fair  and  lionornMr  rnnric  of  fixinn^  tlic  line  arrnrdlnc^  lo  (he  Ircaty  of 
178)}.  I  liavi;  no  donhi  (l»nt  npon  this  point  I  ispj'ak  accordini;  lo  my  indi- 
vidnal  IxilicI)  lliat  llm  mode  |)ropo.-i(;d  to  f  Jival  IJritain,  of  t'stablisliiiijr  tlio 
trt'aiy  line  iijjon  tlie  ficc  ol  llio  caitli,  l.y  a  (;oinnii.'-:>ioii  composed  ofjinpar- 
lial  and  .sci"iitilic  men,  to  ho  selected  by  u  friendly  power,  woidd  he  satis- 
factory, and  accjuieseed  in  hy  liiis  .Stale;  l)iit  tiiat  wo  should  n(!itlicr  a'di 
nor  ayree  that  any  ]>ielnninary  points  should  he  yielded  hy  either  party. 
We  should  only  usk  that  tlie  treaty  should  he  placed  ni  their  iiands,  with 
directions  to  ascertain  and  n\\\  and  fix  the  hue  according  to  its  plain  lan- 
gunc^e  and  obvious  meanii)f|;. 

Maine  can  never  consent,  as  T  apprehend,  to  yield  the  main  points  of  the 
case,  and  then  refer  itj  to  enable  the  "judges  to  divide  the  subject  matter  of 
the  controversy. 

We  feel  that  we  now  stand  on  the  higli  vantage  ground  of  truth  and 
justice,  and  that  it  cannot  be  that  any  nation,  professing  to  act  on  the  prin- 
ciples of  riiTJit  and  equity,  can  stand  up  before  the  civilized  world  and  con- 
test, with  unyielding  pertinacity,  our  claim.  AVe  have  too  much  respect 
for  the  nation  from  which  we  descended,  to  believe  that  she  will  sully  her 
reputation  by  such  persevering  resistance. 

1  am  conscious  that  the  language  and  style  of  this  communication  are 
unusual,  and  probably  undiplonuUic  ;  that  there  is  more  of  the  fervor  of  fecl- 
I  ing,  and  the  plain  hmguage  of  direct  appeal,  than  is  usual  in  such  papers. 
Hut  it  is  a  sidvject  of  such  vast  importance  to  the  State,  whose  interests  liave 
been  in  |iart  intrusted  to  me,  and  whose  organ  I  am,  that  I  cannot  speak 
in  measured  terms,  or  indefinite  language.  On  this  subject  we  have  no 
ulterior  views,  and  no  concealed  objects.  Our  plans  and  our  policy  arc 
open  and  exposed  to  the  view  of  all  men.  Maine  has  nothing  in  either  to 
conceal  or  disguise.  She  plainly  and  distinctly  nslcs  for  specific  and  defi- 
nite jiction.  hi  performing  wluit  I  conceive  to  be  my  duty,  I  have  been 
actuated  by  entire  respect  towards  the  General  Government,  and  by  the 
single  desire  to  explain  and  enforce,  as  well  as  I  was  able,  our  wishes  and 
our  rights.  I  can  only  add  that  we  trust  the  General  Government  will 
assume  the  performance  of  the  act  specified  in  the  resolution,  and  relieve 
Maine  h"om  the  necessity  of  independent  action. 

Witii  great  respect, 

I  have  the  honor  to  be 

Your  most  obedient  servant, 

EDWARD  KENT. 

His  excellency  Maptin  Van  Burkn, 

President  of  the  United  Slates. 


% 


STATE  OF  MAINE. 

Resolve  in  favor  of  Ebenczer  S.  Grcely. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Treasury  ofthis  State 
to  Ebenozer  S.  Greely,  five  hundred  dollars,  which  sum  is  in  full  for  all  suf- 
ferings and  losses  attendant  upon  his  arrest  and  imprisonment  in  the  jail  at 
Fredericton,  New  IJrunswick,  in  consequence  of  taking  the  census  of  Mada- 
_  waska. 

'.;      Resolved,  That  the  Governor  of  this  State  be  requested  to  ask  and  re- 
|ceive  of  the  Government  of  the  United  States,  a  reimbursement  of  the  sum 


m 


.1 


t( 


r-jat,:  i.MBai 


! 


[451] 


6 


hereby  allowed  to  the  said  Grcely,  ader  the  saino  shall  have  been  paid  lo 
him  out  of  the  Treasury  of  this  State. 


Read  and  passed. 


In  TIIK  lluUSK  OF  Ukpkksi'.ntativks, 

March  12,  1838. 


Read  and  passed. 

March  12,  1838.     Approved, 


ELISllA  II.  ALLF:N,  Speaker. 

In  Sknatk,  March  12,  1833. 

N.  S.  LITTLEFIEIJ),  President. 

EDWARD  KENT. 


Statk  of  Maim:, 
Sccrctarif\'  office,  Augusta,  April  23,  1838. 

A  true  copy  of  the  original  on  file  in  this  office. 
Attest : 

SAML.  P.  BENSON, 

Secretary  of  State. 


STATE  OF  MAINE. 

Resolvein  favor  of  John  Baker,  Waller  Poificrs,  NntJiaiiid  Ihirtlett,  Au- 
gustine Webster,  Isaac  Yenriiigton,  and  John  Harford,  jr. 

Resolved,  That  there  bo  allowed,  and  paid  out  of  the  Treasury  of  this 
State,  to  the  persons  hereiuafu'r  named,  iuhahilants  of  the  town  of  Mada- 
waska,  the  followinfi  sums  :  To  John  iiaker,  three  hundred  and  lil'iy  dol- 
lars ;  to  Walter  Powers,  oio  hundred  and  tw(nity-live  dollars ;  to  NiUhaniel 
Bartlctt,  Au<rustine  Webster,  Isaac  Yoaiiufjton,  and  John  llitrfoid,  jr.,  eaeli, 
the  sum  of  fifty  dollars  ;  which  said  several  sums  are  in  full  compensation 
for  all  suiferiuirs  and  losses,  in  coiisoqu(>nce  of  orfjaiiiziun'  that  town,  in 
the  year  one  thousand  ^i\<j\\{  hundred  and  thirty-one,  under  a  warrant  Ironi 
William  D.  W^illiamson,  Esq.;  and,  also,  iu  full  for  all  claims  to  this  tinic. 

Resolved,  That  the  Governor  of  this  State  he  requested  to  ask  and  re- 
ceive of  the  Government  of  the  United  States,  a  reimbursement  of  liie  sev- 
eral sums  hereby  allowed  to  the  said  Haker,  Powers,  Hartlett,  Webster, 
Yearinirton,  and  ITarford,  after  the  same  shall  have  been  paid  to  them  out 
of  the  Treasury  of  this  State. 


Read  and  passed. 


In  the  Housk  of  Ri-:piiEsr.NTATivi:s, 

March  17,  1838. 


I 


Read  and  passed. 

March  19,  1833.     Approved. 


ELISIIA  H.  ALLEN,  Speaker. 

In  SnxATK,  March  19,  1838. 

N.  S.  LITTLEITELD,  President. 

EDWARD  KENT. 


[451] 


n  paid  to 

^,  1838. 
pcaker. 
I,  1833. 
csidait. 
KENT. 

3,  1838. 


>f  <Slale. 


irflatt,  An- 

niry  oftliis   t 
II  ot"  Madii- 
d  m'ty  dol- 
)  iNatliatiiel 
id,  jr.,  oncli,   [ 
nipeiisatioti 
at  town,  in 
irraiu  iVoni    : 
0  this  tiiiie. 
:isk  and  ro- 
of tiio  sev-  ^ 
;t,  Webster, 
to  them  out 


VI'S, 

17,  1838. 
Speaker. 
19,  1838. 
^r  evident. 
\  KENT. 


State  of  Ma  ink. 
Sccretari/s  Office,  Augusta,  April  23,  1838. 

A  true  copy  of  the  original  in  this  oflico. 

Attest :  SAML.  P.  BENSON, 

ISecrctary  of  Stale. 


Mr.  Forsyth  to  Mr.  Fox. 

Department  of'  State, 

Washington,  April  27,  1838. 

Sir  :  The  undersigned,  Secretary  of  State  of  the  United  States,  has  the 
honor,  by  the  directions  ol'thc  President,  to  comnnuiicate  to  Mr.  Eox,  her 
JJritaiHiic  Majesty's  Envoy  Extraordinary  and  Minister  Plenipotentiary,"  the 
result  of  the  application  of  the  General  Government  to  the  State  of  Aiaine, 
on  the  subject  of  the  northeastern  boundary  line,  and  the  resolution  which 
the  President  has  formed  upon  a  careful  consideration  thereof.  By  the  ac- 
companying papers  "received  from  tlie  Executive  of  Maine,  Mr.  Pox  will 
perceive  that  Maine  declines  to  give  a  consent  to  the  negotiation  for  a  con- 
ventional boundary  ;  is  disinclined  to  the  reference  of  the  points  in  dispute 
to  a  new  arbitration  ;  but  is  yet  firmly  persuaded  that  the  line  described  in 
the  treaty  of  1783  can  bo  Ibund  and  traced  whenever  the  Governments  of  the 
United  States  and  Great  Britain  shall  proceed  to  make  the  requisite  inves- 
tigations with  a  i)rodisposition  to  Cilcct  that  very  desirable  object.  Confi- 
dently I'ilying,  as  the  President  docs,  upon  the  assurance  fre(iuently  repeat- 
ed by  the  British  Government  of  the  earnest  desire  to  reach  that  result,  if 
it  is  practicable,  he  has  instrticted  the  undersigned  to  announce  to  Mr.  Fox 
the  willingness  of  this  Government  to  enter  into  an  arrangement  with  Great 
Britain  lor  the  establishment  of  a  joint  commission  of  survey  and  explora- 
tion upon  the  basis  of  tbe  original  American  proposition  and  the  modifica- 
tions oflered  by  her  Majesty's  Government. 

The  Secretary  of  State  is,  therefore,  authorized  to  invite  Mr.  Fox  to  a 
conference  upon  the  subject  at  as  early  a  day  as  his  convenience  will  permit; 
and  the  undersigned  will  be  immediately  furnished  with  a  requisite  full 
power  by  the  President,  to  conclude  a  convention  embracing  that  object,  if 
her  Majesty's  Minister  is  duly  empowered  to  proceed  to  the  negoticjtion  of 
it  on  the  part  of  Great  Britain. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  Mr.  Fox  the 
expression  of  his  distinguished  consideration. 

JOHN  FORSYTH. 

Henry  S.  Fox,  Esq. 


Mr.  Fox  to  Mr.  Forsyth. 

Washington,  May  1,  1838. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  official  note 
the  27th  ultimo,  in  which  you  enclosed  to  me  a  communication  received 
by  the  Federal  Government  from  the  Executive  of  Maine  upon  the  subject 
of  the  northeastern  boundary  line,  and  in  which  you  inform  me  that  the 
President  is  willing  to  enter  into  an  arrangement  with  her  Majesty's  Gov- 

» Vide  Senate  document  No.  424,  2d  session  25th  Congress. 


I'l  ' 


• 

I  I 


i  ' 

■•I 


'  !  l! 


H 


i.i 


[451] 


8 


ernmoiit  fortho  cstablislimcnt  of  a  joint  commission  of  survey  and  cxplora* 
(ion,  upon  llio  basis  of  tlio  oriirinal  American  proposition,  and  ol  (he  modili- 
ca(ions  odbrod  hy  her  Majesty's  Government,  as  connnunicated  (o  yon  in 
my  not(!  of  the  lOih  of  January  last ;  and  yon  invite  uk;  (o  a  cond'renco, 
for  the  purpose  of  nen^otiatiui;-  a  cc  .ventioii  that  sliall  emhrafe  the  ahovo 
object,  if  1  am  duly  empowered  by  iiiy  CiovernuKMit  to  proceed  to  such  nc- 
golialion. 

I  liav(Mhe  honor  to  state  to  you,  in  reply,  that  my  actual  instructions 
were  fulfilled  by  (Ik;  delivery  of  the  communication  which  I  addrosid  to 
you  on  tlie  lOth  of  January  ;  and  that  I  am  not  at  present  provided  with 
full  powers  for  negotialini;  the  proposed  convention.  1  will,  forthwith, 
however,  transmit  to  her  Majesty's  (Jovernment  the  note;  which  1  have  had 
the  honor  to  receive  from  you,  in  order  that  such  fresh  instructions  may 
be  furnished  to  nu;,  or  such  other  steps  talcen,  as  iIk;  present  situation  of 
the  (|iiestion  may  appear  to  her  Majesty'^  (jiovernmeiit  to  reipiiic!.  1  avail 
myself  of  this  occasion  to  renew  to  you  tlio  assurance  of  njy  high  respect 
and  consideration. 

H.  S.  FOX. 

The  Ijonorable  John  Forsvtii. 


Mr.  Forsyth  to  Governor  Kent. 

DUPAIITMKNT    op    StaTK, 

Waslm):rlon,  Minj  8,  1R38. 
Sin  :  I  have  the  honor  to  acknowledfjc  the  reccnpt,  on  the  22A  ultimo,  of 
the  communication  addressed  to  this  department  by  your  excellency  on  the 
2Sth  of  March  last,  transmitlinir  a  printed  cojiy  of  your  nicssas^e  of  the 
14th  of  the  same  month  to  the  Lejrislaturc  of  Alaine,  together  with  certain 
resolves  passed  by  that  body  in  relation  to  the  northeastern  bomidary  of  the 
State.  Although  the  answer  thus  given  to  the  application  made  toyou  by 
direction  of  the  President,  under  date  of  the  1st  of  Ahirch  last,  to  ascertain 
the  sense  of  the  State  of  Maine  in  regard  to  a  conventional  line  of  boun- 
dary, may  be  regarded  as  conclusive,  1  still  deem  it  |)ropcr,  with  reference 
to  your  excellency's  message,  to  mark  a  misconception  which  ajjpears  to 
have  existed  on  your  part  when  comnnniicating  to  the  Legislature  (he 
letter  and  documents  received  from  this  department.  This  is  done  with 
the  greater  freedom,  since  the  frank  and  liberal  manner  in  which  your 
excellency  invited  the  attention  of  that  body  to  the  subject  is  highly  ap- 
preciated by  the  President.  The  question  therein  presented  for  considera- 
tion was  not,  as  your  excellency  supposed,  whether  the  State  of  Maine 
should  "  take  the  lead  in  abandoning  the  treaty,  and  volunteer  propositions 
for  a  conventional  line,"  but  simply  whether  the  Government  of  Maine 
would  consent  that  the  General  Government  should  entertain  a  direct 
negotiation  with  the  British  Government  for  a  conventional  line  of  boun- 
dary on  the  northeastern  frontier  of  the  United  States.  Had  that  consent 
been  given,  it  would  have  been  reasonable  to  expect  the  proposition  of  a 
line  from  Great  Britain,  as  it  was  that  power  which  particularly  desired  the 
resort  to  that  mode  of  settling  the  controversy.  It  was,  also,  the  intention 
of  the  President  so  to  arrange  the  negotiation  that  the  approbation  of  Maine 
to  the  boundary  line  agreed  upon  should  have  been  secured.  It  was  with 
this  view  that,  in  the  application  to  the  State  of  Maine  for  its  assent  to  a 
negotiation  for  a  conventional  line,  express  reference  was  made  to  such 


• 


[451] 


\o.  iiiodili- 
o  you  in 

lUlt'lCIICO, 

In;  above 
siicli  iic- 


<triu:tioiis 
it'ssid  to 
ilfd  with 
orilitvith, 
liavu  had 
oils  may 
uilion  of 
1  avail 
1  respect 

FOX. 


1838. 
iltimo,  of 
cy  oil  tli(; 
^e  of  tlie 
li  cerlaiu 
iry  of  the 

0  you  by 
ascertain 
of  boiin- 
rc  fore  nee 
|)|)ears  to 
iture  the 
one  with 
ich  your 
f^lily  ap- 
Jiisidera- 
:>f  Maine 
positions 
if  Maine 

a  direct 
of  boun- 
t  consent 
tion  of  a 
^sired  the 
intention 
of  Maine 
was  with 
sent  to  a 

1  to  such 


conditions  ns  she  mifrht  tliinlc  proper  to  prescribe,  To  all  stich  as  were, 
in  the  opinion  of  the  President,  required  by  a  pp/pcr  rcf^ard  for  th(!  security 
of  Maine,  and  consistent  with  the  constitution,  lie  would  have  yielded  a 
ready  assent.  Of  that  character  was  he  ilisposed  to  ronrard  a  condition 
that  in  a  ne<rotiation  for  tlu;  final  establishment  of  a  new  line,  with  power 
on  the  part  of  the  negotiators  to  stipulate  for  the  cession  or  exchange  of 
territory,  as  the  interests  and  convenience  of  the  parties  miglit  be  found  to 
require,  the  State  of  Maine  sliould  be  represented  l)y  commissioners  of  her 
own  selection,  and  that  their  previous  assent  should  be  requisite  to  make 
any  treaty,  containing  such  stipulation,  binding  upon  her. 

These  suggestions  are  not  now  made  as  matter  of  complaint  at  the  de- 
cision which  the  State  of  Maine  has  come  to,  on  a  matter  in  wliich  she  was 
at  perfect  liberty  to  pursue  the  course  she  has  adopted,  but  in  justice  to  the 
views  of  the  I^resident  in  making  the  application. 

I  am  instructed  to  announce  to  your  excellency,  that,  by  direction  of 
the  President,  upon  due  consideration  of  the  result  of  the  late  application 
of  the  General  Government  to  the  State  of  Maine,  on  the  subject  of  the 
northeastern  boundary,  and  in  accordance  with  the  expressed  wishes  of  her 
Legislature,  I  haveinformed  Mr.  Fox  of  the  willingness  of  this  Government  to 
enter  into  an  arrangement  with  that  of  Great  Britain  for  the  establishment 
of  a  joint  commission  of  survey  and  exploration  upon  the  basis  of  the 
original  American  proposition  and  the  modifications  offered  by  her  Majesty's 
Government ;  and  to  apprize  you  that  Mr.  Fox,  being  at  present  unpro- 
vided with  full  powers  for  negotiating  the  proposed  convention,  has  trans- 
mitted my  communication  to  his  Government,  in  order  that  such  fresh 
instructions  may  be  furnished  to  him,  or  such  other  steps  taken,  as  may  be 
deemed  expedient  on  its  part. 

I  have  the  honor  to  be, 

With  great  respect. 

Your  excellency's  obedient  servant, 

JOHN  FORSYTH. 

To  his  excellency  Edward  Kent, 

Governor  of  Maim. 


\ 


